A recent ruling from the U.S. Court of Appeals for the Third Circuit makes clear that the Americans with Disabilities Act (ADA) does not require employers to guess when an employee needs an accommodation. On July 20, 2026, the Third Circuit reinforced in Hileman v. West Penn Allegheny Health Sys., Inc., that an employer must have knowledge of an employee’s disability and be aware of the need for accommodation before a duty to engage in the interactive process is triggered. 182 F.4th 283 (3d Cir. 2026). The New Jersey Law Against Discrimination (LAD) follows the framework set forth under the ADA, as the LAD also requires employers engage in the interactive process. See e.g., N.J.S.A. 10:5-1 to 10:5-50; Tynan v. Vicinage 13 of Superior Court, 351 N.J. Super. 385, 396 (App. Div. 2002).
What Happened?
In Hileman, a supervisor launched an investigation after receiving notice an employee was sleeping during shifts. Hospital policies expressly prohibited sleeping on duty. During a… Read the complete article here...
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